Germany

What is the right to be forgotten?

Article 17
GDPR provision
30 days
Response deadline
Case-by-case
Balancing test
2023
Key BGH ruling
The Short Answer

The right to be forgotten (right to erasure) lets you request deletion of your personal data when it's no longer necessary, unlawfully processed, or you've withdrawn consent — especially from search engines for outdated or irrelevant results.

What the Law Says

The 'right to be forgotten' is not a standalone German law but stems from EU-wide data protection rules directly applicable in Germany. It gives individuals the power to ask for personal data to be erased under specific conditions.

This right is codified in Article 17 of the General Data Protection Regulation (GDPR), which applies uniformly across all EU member states, including Germany.

It allows a data subject to request erasure of personal data without undue delay when, for example, the data is no longer necessary for its original purpose; consent has been withdrawn and no other legal basis exists; the data was processed unlawfully; or the data must be erased to comply with a legal obligation.

Importantly, this right extends to search engine operators — meaning they may be required to delist links to web pages containing outdated, inaccurate, or irrelevant personal information, even if the underlying content remains online.

What Courts Have Said

German courts apply the GDPR’s right to erasure through careful balancing of fundamental rights — especially privacy versus freedom of information and press.

BGH VI ZR 345/21
Bundesgerichtshof, 6. Zivilsenat · 2023

A data subject may require a search engine operator to delist search results linking to outdated or irrelevant personal information, applying a case-by-case balancing of rights.

What to Do

1

Identify the data controller (e.g., website owner or search engine) holding or linking to your personal data.

2

Submit a clear, written erasure request specifying the data and grounds (e.g., 'no longer necessary' or 'inaccurate').

3

If the controller refuses, escalate to the German Federal Commissioner for Data Protection and Freedom of Information (BfDI) or file a complaint with a court.

Sources

Related Questions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.